Allowed

Subin Philip v. State of Kerala

Kerala HC3 Feb 2016Bail Appl./321/2016

Case brief

AI extract

What is this about?

The Court granted bail to two petitioners, accused of sexual assault on a minor boy under POCSO and IPC 377, imposing strict bond sums, mandatory appearance requirements, and a restriction from entering the local Kottayam Sessions Division.

What did the court decide?

Bail granted on bond of Rs. 70,000 with sureties, mandatory weekly appearances, and restriction from entering Kottayam Sessions Division for two months.

Subin Philip Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937

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Bail Appl..No. 321 of 2016

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CRIME NO. 1725/2015 OF PAMPADY POLICE STATION, KOTTAYAM

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PETITIONER(S)/ACCUSED NO.1 AND 2:

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1. SUBIN PHILIP, AGED 24 YEARS, S/O.PHILIP, PUTHENKULAM, KUMBATHAM BHAGAM,

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POOTHAKUZHY PO, KOTTAYAM.

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2. ASHISH JOSEPH,

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S/O.OUSEPH, IYYALI LAKSHAM VEEDU, MADAPPALLY PO,

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CHANGANACHERRY.

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BY ADV. SRI.B.S.SIVAJI

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RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REP. BY HTE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE STATION HOUSE OFFICER,

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PAMPADY POLLICE STATION, KOTTAYAM 688 101.

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B. A. No. 321 of 2016

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Dated this the 3^rd day of February, 2016

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O R D E R

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The petitioners are the accused in Crime No.1725/2015 of Pampady Police Station in Kottayam District for offences punishable under Sections 3 and 4 of the Protection of Children form Sexual Offences Act, 2012 and Section 377 of the IPC.

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The allegation of the prosecution is that, the petitioners herein who are the close relatives of the victim boy aged 16 years had subjected him to sexual assault on various occasions spanning over a long period of 2009 to 30.11.2015. The petitioners were arrested on the basis of a statement given by the victim on 10.12.2015 and are in custody since then. They seek bail.

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The allegation against the accused is very serious. It not only violated the privacy of the child, but it spanned over a long period. Even according to the prosecution, they had misused their close proximity and relation with the child.

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However, having regard to the fact that they are in custody since 10.12.2015 and that the investigation has substantially progressed, I am inclined to grant bail to the petitioners on the following strict conditions:

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B. A. No. 321 of 2016

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(i) Each of the petitioner shall execute a bond for a sum of Rs.70,000/- (Rupees seventy thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) They shall appear before the Investigating Officer on all Mondays and Saturdays between 9.00 am and 10.00 am for a period of three months from the date of release or till the final report is filed, which ever is earlier.

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(iii) Except for the compliance of the above conditions, they shall not enter into the limits of Sessions Division of Kottayam for a period of two months from the date of their release.

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(iv) They shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall they interfere in the process of investigation.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/true copy/

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P. A. to Judge

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Subin Philip v. State of Kerala

Case brief

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What did the court decide?

Subin Philip v. State of Kerala

Case brief

What is this about?

What did the court decide?

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